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RE: Birthright citizenship. - 1/8/2011 11:37:39 PM   
subexploring


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quote:

ORIGINAL: truckinslave

"...you will need to amend the US constitution and modify the 14th amend. "

There is a growingly pervasive legal argument to the contrary. At the very least it is clear that the prevalent interpretation today is not what was intended by those who wrote the 14th Amendment


I like how you say "pervasive" instead of "persuasive". Right that the argument is being pushed a lot, but it's not very persuasive. The language of the amendment is quite clear.

Getting rid of birthright citizenship brings its own set of problems. You end up with the kind of "guest worker" problem they have in many European nations, where people are in a country for generations but have no citizenship and no rights. That's an issue to me. Better to address immigration by doing the one thing corporations won't allow to happen -- introducing true sanctions on employers who hire illegals.

< Message edited by subexploring -- 1/8/2011 11:38:05 PM >

(in reply to truckinslave)
Profile   Post #: 21
RE: Birthright citizenship. - 1/9/2011 1:01:28 AM   
popeye1250


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From: New Hampshire
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quote:

ORIGINAL: MrRodgers

Well better get busy kinkroids, if you want to change the terms of citizenship (all historical SCOTUS rulings) ...you will need to amend the US constitution and modify the 14th amend.

The 'states' are irrelevant. The legal definition of citizenship is codified by the constitution, changed only by beginning with a vote on such a change, in the US congress.




Mr Rogers, the 14 th Amendment was written to give "full citizenship" to freed slaves.
I've read it and nowhere in there does it say you can sneak into the U.S. illegally and get U.S. Citizenship for your illegal children. It's not even a "loophole.
It says nothing about bank robbery in there either but you can't do that either.
I'd welcome a constitutional convention on this but it's really not neccessary, just clarify the language so that both parents have to be in the U.S. legally.
After that they can deputise tens of thousands of military veterans to go after the people who are in our country illegally and deport them and arrest the employers who hired them.
You don't let foreigners determine our immigration laws!

_____________________________

"But Your Honor, this is not a Jury of my Peers, these people are all decent, honest, law-abiding citizens!"

(in reply to MrRodgers)
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RE: Birthright citizenship. - 1/9/2011 2:24:32 AM   
Charles6682


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Does that mean John McCain is a legal American by birth?After all,he wasnt actually born in any of the 50 states.O wait,then again,when he was born,there were only 13 states! HAHAHA

< Message edited by Charles6682 -- 1/9/2011 2:25:01 AM >


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(in reply to popeye1250)
Profile   Post #: 23
RE: Birthright citizenship. - 1/9/2011 4:34:17 AM   
DomKen


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quote:

ORIGINAL: Elisabella


quote:

ORIGINAL: DomKen
Do you think you would be a citizen under that rule? It is certain that most americans wouldn't.


Well I would be. Both my father and my mother's grandparents immigrated to the US legally (so my mother, and her parents, are the children of two legal citizens) How do you suppose most wouldn't be?

You can of course present their entry visas, issued by a US consulate or embassy before they left their home countries, then? If not they entered the country without legal permission. So under the theory being promulgated most of the nation are not citizens and I am all for deporting all of them as soon as we start changing birth right citizenship.

(in reply to Elisabella)
Profile   Post #: 24
RE: Birthright citizenship. - 1/9/2011 4:36:11 AM   
DomKen


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quote:

ORIGINAL: popeye1250
Mr Rogers, the 14 th Amendment was written to give "full citizenship" to freed slaves.
I've read it and nowhere in there does it say you can sneak into the U.S. illegally and get U.S. Citizenship for your illegal children. It's not even a "loophole.

Its actually the very first line:
quote:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside


(in reply to popeye1250)
Profile   Post #: 25
RE: Birthright citizenship. - 1/9/2011 5:44:08 AM   
Elisabella


Posts: 3939
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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Elisabella


quote:

ORIGINAL: DomKen
Do you think you would be a citizen under that rule? It is certain that most americans wouldn't.


Well I would be. Both my father and my mother's grandparents immigrated to the US legally (so my mother, and her parents, are the children of two legal citizens) How do you suppose most wouldn't be?

You can of course present their entry visas, issued by a US consulate or embassy before they left their home countries, then? If not they entered the country without legal permission. So under the theory being promulgated most of the nation are not citizens and I am all for deporting all of them as soon as we start changing birth right citizenship.


For my father, yes. For my great grandparents, not sure. But since I believe that one citizen parent is enough to give automatic citizenship, my father's papers would be good enough for me XD

Either way though it's irrelevant, because the theoretical requirement being discussed is citizenship, not legal entry. If I had to, I'd be able to show when and where my father and my great-grandparents became legally naturalized citizens.

< Message edited by Elisabella -- 1/9/2011 5:52:18 AM >

(in reply to DomKen)
Profile   Post #: 26
RE: Birthright citizenship. - 1/9/2011 12:41:17 PM   
Lucylastic


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if the 14th amendment is about to be amended(GAH) Maybe its time that the equal protection clause , prohibit discrimination based on gender or sexual orientation.Just to make sure that EVERYONE Is covered..not just  white het men? yanno women might appreciate that, to say the least
not that I have any way of addressing the proceedings, but it just seemed like a good idea Discrimination based on gender or sexual orientation is a disgrace in the 21st century

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(in reply to Elisabella)
Profile   Post #: 27
RE: Birthright citizenship. - 1/9/2011 2:44:30 PM   
DomYngBlk


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Yeah godbless Arizona.....what a fine fucking place that is

(in reply to Lucylastic)
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RE: Birthright citizenship. - 1/9/2011 2:48:35 PM   
DomKen


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quote:

ORIGINAL: Lucylastic

if the 14th amendment is about to be amended(GAH) Maybe its time that the equal protection clause , prohibit discrimination based on gender or sexual orientation.Just to make sure that EVERYONE Is covered..not just  white het men? yanno women might appreciate that, to say the least
not that I have any way of addressing the proceedings, but it just seemed like a good idea Discrimination based on gender or sexual orientation is a disgrace in the 21st century

Despite Salia's ignorant bleatings the 14th protects everyone.

(in reply to Lucylastic)
Profile   Post #: 29
RE: Birthright citizenship. - 1/9/2011 3:18:53 PM   
Elisabella


Posts: 3939
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quote:

ORIGINAL: Lucylastic

if the 14th amendment is about to be amended(GAH) Maybe its time that the equal protection clause , prohibit discrimination based on gender or sexual orientation.Just to make sure that EVERYONE Is covered..not just  white het men? yanno women might appreciate that, to say the least
not that I have any way of addressing the proceedings, but it just seemed like a good idea Discrimination based on gender or sexual orientation is a disgrace in the 21st century


Just out of curiosity, would a law prohibiting gender discrimination mean that a man could sue a gentlemen's club for not hiring him as a dancer if he were otherwise qualified?

(in reply to Lucylastic)
Profile   Post #: 30
RE: Birthright citizenship. - 1/9/2011 3:34:38 PM   
Lucylastic


Posts: 40310
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ask hugh hefner, I dont have a clue, but if a judge in the 21st century, can say that women are not covered by the amendment, isnt it about time it was clarified to stop any other dumbass saying so and so isnt covered?


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Profile   Post #: 31
RE: Birthright citizenship. - 1/9/2011 3:53:15 PM   
Charles6682


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From: Saint Pete,FL
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Hey DYB,Arizona won the "Americas dumbest state" award on Bill Maher.I can see why why they won that award.They must be so proud.

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Profile   Post #: 32
RE: Birthright citizenship. - 1/9/2011 5:59:58 PM   
popeye1250


Posts: 18104
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From: New Hampshire
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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: popeye1250
Mr Rogers, the 14 th Amendment was written to give "full citizenship" to freed slaves.
I've read it and nowhere in there does it say you can sneak into the U.S. illegally and get U.S. Citizenship for your illegal children. It's not even a "loophole.

Its actually the very first line:
quote:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside





Well DomKen, I guess you're just going to keep ignoring the sneaking into our country illegally thing then.
Hey, here's one, how about we make a law that if a bank robber can avoid being arrested for 365 days they can't charge him *and*, he can keep the money that he stole?

_____________________________

"But Your Honor, this is not a Jury of my Peers, these people are all decent, honest, law-abiding citizens!"

(in reply to DomKen)
Profile   Post #: 33
RE: Birthright citizenship. - 1/9/2011 6:36:30 PM   
MrRodgers


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Joined: 7/30/2005
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quote:

ORIGINAL: popeye1250
quote:

ORIGINAL: MrRodgers

Well better get busy kinkroids, if you want to change the terms of citizenship (all historical SCOTUS rulings) ...you will need to amend the US constitution and modify the 14th amend.

The 'states' are irrelevant. The legal definition of citizenship is codified by the constitution, changed only by beginning with a vote on such a change, in the US congress.

Mr Rogers, the 14 th Amendment was written to give "full citizenship" to freed slaves.
I've read it and nowhere in there does it say you can sneak into the U.S. illegally and get U.S. Citizenship for your illegal children. It's not even a "loophole.
It says nothing about bank robbery in there either but you can't do that either.
I'd welcome a constitutional convention on this but it's really not neccessary, just clarify the language so that both parents have to be in the U.S. legally.
After that they can deputise tens of thousands of military veterans to go after the people who are in our country illegally and deport them and arrest the employers who hired them.
You don't let foreigners determine our immigration laws!

The 14th amend. says it all right here in the first line. "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

As for truckinslave and this being very expensive, yes somewhat but there is somewhat of a return to on those that grow up and work and I suspect not much more and maybe even cheaper than immigration law enforcement. The fact of the matter is that our politicians have failed miserably for 30 years on setting up any resonable govt. network to legitimately process people.

But as the courts will quickly advise...the jurisdiction is theirs and they have ruled this amend. to mean what it says..."ALL persons born..."

(in reply to popeye1250)
Profile   Post #: 34
RE: Birthright citizenship. - 1/9/2011 7:00:36 PM   
InvisibleBlack


Posts: 865
Joined: 7/24/2009
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quote:

ORIGINAL: MrRodgers
The 14th amend. says it all right here in the first line. "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

As for truckinslave and this being very expensive, yes somewhat but there is somewhat of a return to on those that grow up and work and I suspect not much more and maybe even cheaper than immigration law enforcement. The fact of the matter is that our politicians have failed miserably for 30 years on setting up any resonable govt. network to legitimately process people.

But as the courts will quickly advise...the jurisdiction is theirs and they have ruled this amend. to mean what it says..."ALL persons born..."


Just to play Devil's Advocate - law is based on nuances of meaning. If you look at the way it's worded...

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
 
...there's another clause there. That was put there so that if you were born to French citizens working in the French Consulate in the United States, you would not be granted U. S. citizenship, you would be regarded as a French citizen. A case could be made that if your parents are citizens of another country, and have not emigrated to the United States and you just happen to be born on United States soil, you would not qualify for citizenship as you're not "subject to the jurisdiction" of the United States.

That's not the case currently, it's not interpreted that way ... but it could be.
 



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Profile   Post #: 35
RE: Birthright citizenship. - 1/9/2011 7:01:31 PM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
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quote:

ORIGINAL: Elisabella
quote:

ORIGINAL: DomKen
quote:

ORIGINAL: Elisabella
quote:

ORIGINAL: DomKen
Do you think you would be a citizen under that rule? It is certain that most americans wouldn't.

Well I would be. Both my father and my mother's grandparents immigrated to the US legally (so my mother, and her parents, are the children of two legal citizens) How do you suppose most wouldn't be?

You can of course present their entry visas, issued by a US consulate or embassy before they left their home countries, then? If not they entered the country without legal permission. So under the theory being promulgated most of the nation are not citizens and I am all for deporting all of them as soon as we start changing birth right citizenship.

For my father, yes. For my great grandparents, not sure. But since I believe that one citizen parent is enough to give automatic citizenship, my father's papers would be good enough for me XD

Either way though it's irrelevant, because the theoretical requirement being discussed is citizenship, not legal entry. If I had to, I'd be able to show when and where my father and my great-grandparents became legally naturalized citizens.

I am may not be then, my folks were 'illegals' I guess. They came over in the early 1600's at or near Jamestown , Va. I guess...we just told the Indians "Hi, we are living here now."

(in reply to Elisabella)
Profile   Post #: 36
RE: Birthright citizenship. - 1/9/2011 7:03:34 PM   
popeye1250


Posts: 18104
Joined: 1/27/2006
From: New Hampshire
Status: offline
Mr. Rogers, the 19th Amendment gives "women" the right to vote ("woman's sufferage")
So going by your reasoning if someone is a woman and she sneaks into the U.S. she can vote because she's a "woman?"
Also, the 14th amendment was naturally preceeded by the 13th which.......

_____________________________

"But Your Honor, this is not a Jury of my Peers, these people are all decent, honest, law-abiding citizens!"

(in reply to MrRodgers)
Profile   Post #: 37
RE: Birthright citizenship. - 1/9/2011 7:08:36 PM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
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quote:

ORIGINAL: InvisibleBlack

quote:

ORIGINAL: MrRodgers
The 14th amend. says it all right here in the first line. "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

As for truckinslave and this being very expensive, yes somewhat but there is somewhat of a return to on those that grow up and work and I suspect not much more and maybe even cheaper than immigration law enforcement. The fact of the matter is that our politicians have failed miserably for 30 years on setting up any resonable govt. network to legitimately process people.

But as the courts will quickly advise...the jurisdiction is theirs and they have ruled this amend. to mean what it says..."ALL persons born..."


Just to play Devil's Advocate - law is based on nuances of meaning. If you look at the way it's worded...

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
 
...there's another clause there. That was put there so that if you were born to French citizens working in the French Consulate in the United States, you would not be granted U. S. citizenship, you would be regarded as a French citizen. A case could be made that if your parents are citizens of another country, and have not emigrated to the United States and you just happen to be born on United States soil, you would not qualify for citizenship as you're not "subject to the jurisdiction" of the United States.

That's not the case currently, it's not interpreted that way ... but it could be.

Well if you were born in the US your mother would be here and got here somehow and according to the 14th., you are a citizen because subject to the jurisdiction means anything under US control. That means if you are born in the American Embassy or foreign land subject to the jurisdiction...you are a citizen.

The subject in not your person but your location, so anyone born in PR or Guam is a citizen of the US.

(in reply to InvisibleBlack)
Profile   Post #: 38
RE: Birthright citizenship. - 1/9/2011 7:12:17 PM   
Knightwalker


Posts: 50
Joined: 11/12/2010
Status: offline

quote:

ORIGINAL: Elisabella


quote:

ORIGINAL: DomKen
Do you think you would be a citizen under that rule? It is certain that most americans wouldn't.


Well I would be. Both my father and my mother's grandparents immigrated to the US legally (so my mother, and her parents, are the children of two legal citizens) How do you suppose most wouldn't be?


Ditto. My ancestors did things the *right* way, so I'm all in favor it. The problem with DomKen's statement is the assumption he made about "most Americans." Forgetting, I'm sure, the influx of very legal immigrants through Ellis Island. Not to mention those who came over under the previous British rule, who were made citizens of the new nation when they helped create it.

(in reply to Elisabella)
Profile   Post #: 39
RE: Birthright citizenship. - 1/9/2011 7:16:43 PM   
Knightwalker


Posts: 50
Joined: 11/12/2010
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quote:

ORIGINAL: subexploring
Getting rid of birthright citizenship brings its own set of problems. You end up with the kind of "guest worker" problem they have in many European nations, where people are in a country for generations but have no citizenship and no rights. That's an issue to me. Better to address immigration by doing the one thing corporations won't allow to happen -- introducing true sanctions on employers who hire illegals.


We have that now. We have millions of illegals coming here with no citizenship and no rights. Sure they march and try to claim they have rights, but they don't. They are willingly coming here as peasant labor.

(in reply to subexploring)
Profile   Post #: 40
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